COMPLIANCE
COMPLIANCE
Returning to the workplace
Diana BruceMCIPPdip, CIPP technical material author , outlines the practical and legal obligation and duties as the lockdown is slowly eased
A s lockdown restrictions continue to ease across the UK, there is an obligation on employers to be prudent and ensure their workplaces have all the necessary measures in place to prevent further infection. Though the nation is, in the main, champing-at-the- bit to get back to some kind of normality, employers must be mindful that many staff members are extremely nervous of resuming normal activities in the workplace. Health and safety The government has published a variety of guides (https://bit.ly/3fUdYzg) with actions that are specific to different types of businesses; for example, an office environment is going to differ in its needs to an outdoor one, such as construction. However, the guides have a commonality as they are all based on five practical steps to working safely: ● carry out a COVID-19 risk assessment ● develop cleaning, handwashing and hygiene procedures ● help people to work from home ● maintain the two-metres social distancing, where possible, and ● where people cannot be two metres apart, manage transmission risk. Employers already have legal health and safety requirements that they must comply with as they have a duty to manage risk and protect people from harm. Before a business restart, a risk assessment must be conducted which should be in line with Health and Safety Executive guidance
on coronavirus. Under the Management of Health and Safety at Work Regulations 1999 the minimum employers are required to do comprises: ● identifying what could cause injury or illness in their business (hazards) ● deciding how likely it is that someone could be harmed and how seriously (the risk) ● taking action to eliminate the hazard or, if this isn’t possible, control the risk. The risks to health and safety identified by the assessment must be shared with workers along with the preventive and protective measures put in place. This information should be made available to view on the company website and must be reviewed regularly to ensure it is effective. It is not a one-off process when restarting a business; managing risk and protecting people from harm is an ongoing duty for employers. If an employee thinks that their employer is not complying with their health and safety obligations, they could be found to be in breach of the employment contract and the employee has grounds to refuse to go to work. ...five practical steps to working safely...
cases) as soon as possible is an essential step before coming to mutual agreements to bring employees back into the workplace. As most businesses are seeing transitional changes, it is also important to keep the workforce informed of all ongoing developments. Providing information about what to expect on return to the workplace is essential, including changes in processes and ways of working. If any activities cannot adhere to social distancing rules, such as face to face meetings, employers will need to assess whether the activity is an essential requirement. There is also the reality that some workers will be nervous about returning to work, whether for fear of infection or for more practical reasons such as caring for children. The advice from the Advisory, Conciliation and Arbitration Service is that employees and workers should be ready to return to work at short notice, but that employers should be flexible where possible. Employers must take time to listen to any concerns and take appropriate steps to address them, with care and sensitivity. Working from home Government guidance continues to advise employers to encourage staff to work from home wherever possible. It lays out the ‘reasonable steps’ employers should take to help facilitate this. Working from home will have become the new norm for those workers whose role facilitates it. Many businesses have purchased (or
Lines of communication Consulting and communicating with workers (or representatives in some
| Professional in Payroll, Pensions and Reward | September 2020 | Issue 63 30
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